What is the New Gun Law in South Carolina?
In June 2021, South Carolina Governor Henry McMaster signed into law a comprehensive gun reform bill, known as the "Second Amendment Protection Act" (S. 1). This new law aims to strengthen gun rights and expand concealed carry permits in the state. In this article, we will delve into the key provisions of the new gun law in South Carolina and explore its implications.
What Does the New Law Allow?
The new law, effective as of June 11, 2021, makes several significant changes to South Carolina’s gun laws. Some of the key provisions include:
- Concealed Carry Permits: The law expands concealed carry permits to allow individuals to carry concealed firearms in more places, including:
- Restaurants and bars that serve alcohol
- Public buildings and government offices
- Public parks and recreational areas
- Public transportation, including buses and trains
- Castle Doctrine: The law expands the "castle doctrine" to allow individuals to use deadly force in self-defense in their homes, vehicles, and on their property, without a duty to retreat.
- Stand-Your-Ground Law: The law eliminates the requirement for individuals to retreat before using deadly force in self-defense, known as the "duty to retreat."
- Firearm Sales: The law allows individuals to purchase firearms from out-of-state dealers, as long as the dealer is licensed in the state where the sale takes place.
- Gun-Free Zones: The law prohibits the creation of gun-free zones on public property, except for schools, hospitals, and courthouses.
What Does the New Law Prohibit?
The new law also prohibits several activities related to firearms, including:
- Red Flag Laws: The law prohibits the implementation of "red flag" laws, which allow authorities to temporarily confiscate firearms from individuals deemed to be a risk to themselves or others.
- Assault Weapon Ban: The law prohibits the state from implementing a ban on assault weapons, which are defined as semi-automatic firearms with certain features.
- High-Capacity Magazine Ban: The law prohibits the state from implementing a ban on high-capacity magazines, which are defined as magazines that hold more than 10 rounds of ammunition.
Who is Affected by the New Law?
The new law affects several groups of individuals, including:
- Concealed Carry Permit Holders: Individuals who hold concealed carry permits will be able to carry concealed firearms in more places, including restaurants and bars that serve alcohol.
- Firearm Owners: Individuals who own firearms will be able to purchase firearms from out-of-state dealers and will be protected from the creation of gun-free zones on public property.
- Law Enforcement: Law enforcement agencies will be prohibited from enforcing federal gun laws that are not recognized by the state.
- Schools: Schools will be exempt from the law’s provisions, and will continue to be gun-free zones.
Implications of the New Law
The new law has significant implications for individuals, law enforcement, and the state as a whole. Some of the key implications include:
- Increased Gun Ownership: The law’s expansion of concealed carry permits and prohibition on gun-free zones may lead to an increase in gun ownership and carrying in the state.
- Reduced Crime: The law’s expansion of self-defense rights and prohibition on gun-free zones may lead to a reduction in crime, as individuals will be able to defend themselves more effectively.
- Increased Litigation: The law’s prohibition on red flag laws and assault weapon ban may lead to increased litigation, as individuals and organizations may challenge the law’s constitutionality.
- State-Federal Conflicts: The law’s prohibition on enforcing federal gun laws may lead to conflicts between the state and federal governments, particularly in areas such as border control and national security.
Conclusion
The new gun law in South Carolina is a significant development in the state’s gun laws, and has significant implications for individuals, law enforcement, and the state as a whole. The law’s expansion of concealed carry permits, prohibition on gun-free zones, and prohibition on red flag laws and assault weapon ban are likely to have a significant impact on the state’s gun culture and crime rates. As the law takes effect, it will be important to monitor its implementation and impact, and to consider any potential changes or amendments that may be necessary to ensure the law is effective and constitutional.
